The Atlanta Lawyer December/January 2020 | Page 13
IN THE PROFESSION
Walking into the crowded corridors of
the Georgia World Congress Center, I felt
like a tourist at Hartsfield-Jackson caught
on, well, any day at the Atlanta airport.
Everyone moved around me like they all
knew the choreographed moves of the pre-
bar dance. I, on the other hand, sharpened
six No. 2 pencils only minutes before
walking into the building. I wasn’t overly
anxious; the past three years of neglect to
my physical appearance required a raw
sense of confidence that was strong enough
to overcome any self-doubt. (In fact, it once
inspired my sister to tell me that law school
made me look homeless.) I was freakishly
cool about the next 48-hours of my life,
even knowing next to nothing about
secured transactions.
In the days leading up to the bar exam, I
realized that if the long days spent on my
balcony, reciting the dormant commerce
clause, and taking studying to a level that
neared insanity wasn’t enough to pass, then
I would just have to try again in February.
My one regret is that I didn’t come to terms
with this very logical conclusion earlier.
The journey is often more important than
the destination, this being especially true
for new attorneys. I can say I have not had
to use good ole dormant commerce clause
since studying for the exam. Truthfully, I
have come to the realization that I actually
know very little information as compared
to everything I continue learning on a daily
basis. Socrates said, “I am the wisest man
alive, for I know one thing, and that is that
I know nothing.” Law school is the art of
learning to think like a lawyer, and of all the
things I have learned, in reality that is what
I use every day.
MEGHAN THOMAS
LexisNexis
[email protected]
Your Mindset Sets
the Tone
By Brian Wilson
Whether clerking with a judge or working
as a new associate, emerging from law
school is daunting. After studying for the
bar for months, the job is quick to reveal
whole swaths of the law that you have never
heard of and skills you did not know you
would need (There is a whole article in
the Georgia Code on falling pecans. Who
knew? O.C.G.A. 44-12-240 et seq.) When
confronted with colleagues who move
through the legal world with apparent ease,
it is easy to feel unprepared and of little
value. That expectation—that everyone else
knows more than you—can get in the way
of seeing the reality of your worth as a new
attorney.
The Student Mindset
Before law school, I taught undergraduates
as part of my master’s program in philosophy
at Georgia State University. There, I tried to
prepare my students for the “real world” by
asking them to shed their student mindset.
Schools create the expectation that all work
is measured and evaluated by an instructor
who already has the answer and who will
evaluate work submitted against it. Within
this framework, many students develop
an attitude that ‘showing your work’ is an
extraneous task assigned by teachers to
derive maximum discomfort and create
work where none is needed.
In an employment setting, the truth is
just the opposite. First, your boss does
not already have the answer; if they did,
why would they ask you for it? Second,
explaining your solution or conclusion
is necessary to convince others that your
answer is trustworthy.
Despite
attempting
to
talk
my
undergraduates out of their student
mindsets, I left law school not fully having
shed my own. While I fully expected (and to
a certain extent, even enjoyed) supporting
my legal research with well-written memos
or briefs, it was hard to shake the old notion
that I would present my work to someone
who already knew the answer and would
immediately see the flaws in my work.
You Know More than You Think - and
You Can Learn What You Do Not Know
What I learned serving as a judicial clerk
and now working as a law firm associate, is
there is no doubt that your judge or partner
will find flaws in your legal research and
writing—some may even relish it —but
the reason they give you an assignment in
the first place is because they do not know
the answer. If they did, there would be no
reason to perform that research. It is easy to
assume that your superiors, both by nature
of their position and experience, know, at
a minimum, everything you know and a
good bit more to boot. It will undoubtedly
be true that they know more about the law,
but that does not mean that they will also
know everything you do, especially after
you have waded through a case file. There
are a few take-aways that stem from this
realization:
• Be as thorough as your time constraints
will allow and state your confidence in your
research honestly.
• You may come to know the facts and the
law of the case better than anyone else.
• Do not be afraid to challenge or correct
your superiors (in the right way and at the
right time).
It will often be the case that your superior
will point out something that you have
missed, giving the impression that they
see and know all. This impression can give
you a false sense of safety, but it is your job
to make sure your judge or partner is not
embarrassed when they rely on your work.
You need to be as thorough as you can be
within the time allowed, so that there are
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